The problem with Apple having Samsung's UNRELEASED in-development products is that they now have the ability to make copies in their own up-coming hardware and back-claim that Samsung must be engaging in espionage or has spies implanted and are stealing their ideas.

It would be an impossible claim to protect yourself against without forcing Apple to go on record with their unreleased in-development products at the same time to prevent such tactics.

That said, the Samsung phones are certainly not clones. They are phones with big screens... not much to work with when your phone is just a case for a screen... seriously!